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JACKSON: Thank you. <br /> HARRIS: May I make a comment? <br /> CARR SMITH: Yes, Roger. <br /> HARRIS: Yeah, I, I think there is some confusion. I mean, the waterlines and the reservoir sites <br /> are along the main, you know, Makalei Drive; the waterline is existing in Makalei Drive, and the <br /> reservoir sites take—with an easement—and that they, they take access for future water <br /> construction off Makalei Drive. There is nothing, we don't, we are not aware of an easement on <br /> the eastern boundary of Makalei Estates. So I think the wording as you have it, as we just <br /> discussed, is fine. And with all due respect, I don't understand why Commissioner Van Pernis is <br /> talking about an easement on the eastern side. <br /> VAN PERNIS: I assume the waterline easement is on the eastern side, or northern side, excuse <br /> me, obtain existing easements. I may be wrong on that. <br /> HARRIS: Well, if it(low-volume private conversation) in any case, the existing lines are in <br /> Makalei Drive itself, and, which is not the eastern, or northern boundary, and therefore, we need <br /> this language to read the way it does, if it's going to be practical. <br /> VAN PERNIS: Well, legally speaking, since Makalei is private, Palamanui has no rights <br /> anyway except on the easements of record. So we are just confirming that here. I don't think <br /> this commission nor the county have the ability to tell anybody where they can go on a private <br /> road; that has to involve condemnation or the agreement of Makalei. So we are saying anyplace <br /> you have an easement, you can go,but any place else is verboten. <br /> CARR SMITH: Okay, I thought we already cleared up the easement language in Y. Is that <br /> correct? Maija, weren't you talking about the reference to the eastern boundary that he was <br /> referring to? Is that part of the motion or not? <br /> JACKSON: Yeah— <br /> CARR. SMITH: I'm not asking you, Mark. <br /> JACKSON: —can I, can I restate the motion and— <br /> CARR SMITH: Yes, please, please, please. <br /> JACKSON: Okay. <br /> CARR SMITH: As it relates to the agenda item. <br /> JACKSON: Okay. <br /> CARR SMITH: Thank you. <br /> 40 <br /> DRAFT <br />